Reference no: EM132963549

Topic- Contract Negotiation Simulation: 

Background-

Here is some background information as well as what we, as union representatives, are hoping to obtain:

Clean Right Partners is an independent, private-sector operation located in a major urban centre in Ontario. The company was established in 1997 by brothers Michael and Zack Cummings. The brothers had previously owned a chain of dry cleaning stores which the sold to open Clean Right Partners.

Their initial clients were two area hospitals and one nursing home. Due to the entrepreneurial spirit of the two brothers the business grew quickly and over the next two decades has become a major player in health care, industrial uniform and linen cleaning services in the region.

Clean Right Partners was unionized on two occasions: first, in 2007, for production and maintenance personnel (a total of 110 full-time and part-time staff represented by SEIU); then in 2010, by Allied Services Union Canada (ASU) for drivers and loading dock employees (a total of 19 full-time and part-time).

The company has a small human resources department with a director, health and safety coordinator, benefits coordinator, HR assistant and HR clerk-receptionist. The HR director handles all union-related matters with support from time-to-time of outside legal counsel. There have been two prior collective agreements between ASU and the company. While the first collective agreement was achieved with the help of mediation after a rather acrimonious start, the second round of bargaining proceeded to a successful conclusion without the threats of either a strike of a lockout.

While Clean Right Partners is a major player in the health care and industrial uniform and linen markets in their region, there has been a strong rumour over the last six months of a possible corporate acquisition by a renowned provincial cleaning company. The Cummings brothers are approaching retirement age yet maintain they are not entertaining any overtures from this or any other potential buyer. Needless to say, union members throughout the company are somewhat anxious with this situation. The current collective agreement between the company and ASU does not contain any language regarding contracting out or mergers and acquisition scenarios that may affect bargaining unit members.

Issues Arising Under the Collective Agreement

The Union's business agent, union local president and bargaining committee began a concerted intra-organizational bargaining process with their parent union's business agent and legal counsel, local union leaders and the general membership once notice to bargain had been served on the company. The following priorities for the upcoming round of bargaining included:

Union Security:  delete Article 1.02 (e) and demand hiring more part-time employees to cover vacation leaves.

Vacation entitlement - increase entitlements - Two weeks (4%) after one year but less than three (3) years; three weeks (6%) after three (3) years' service but less than seven (7) years; Four weeks (8%) after seven (7) years but less than eleven (11) years; and five (5) weeks (10%) after eleven (11) years (Article 11).

Management Rights: eliminate language "who has acquired seniority" from current Article 3.01

Compensation: increase annual shoe allowance to $175 per year (Article 11.03)

Compensation: cost-of-living adjustment to be negotiated in new contract (New)

Hours of Work -- language guaranteeing minimum # of hours reporting pay if shift is cancelled (New).

Seniority -- reduce probationary period (after which seniority is accumulated) from one hundred and eighty (180) calendar days to sixty (60) calendar days; and will have no seniority rights during that period (Article 14.02)

Leaves of Absence - add any leave of absence language into the agreement in keeping with any LOA introduced by government through employment standards or other legislation during the term of the expired agreement. Negotiate up to ten paid days for any approved LOA now not paid by employer (New).

Job Posting -- eliminate second paragraph of Article 17.01

Employee Benefits - no action taken on promised employer commitment on long-term disability protection -see last sentence in Article 19.01

Sick Leave - increase monthly sick leave credit accumulation to two days (16 hours) per month and make adjustments based on this change to Article 20.01 and 20.02.

Question:

1) Considering above background information as well as what we, as union representatives, are hoping to obtain:

How to put following requirements as union member when doing negotiation on collective agreement/contract simulation.